Trials can no longer be stayed for over six months
To ensure criminals can't manipulate the justice system, the SC has ruled that proceedings in cases won't be stayed for longer than six months. It can be extended only in exceptional cases by a "speaking order," which will have to show that "the stay was more important than having the trial finalized." This will ensure cases don't fail simply due to delay, it said.
Nearly 3.5cr cases pending in India's courts
As of April'17, there were about 3.4cr cases pending in Indian courts. Nearly 55% of cases in lower courts have been going on for over two years, and almost 10% for more than 10 years. One prime reason is that adjournments are frequent, reports ET. "These encourage delaying tactics, block judicial time, prevent effective case management and impoverish litigants."
How does that affect the case, the individual and society?
This has wide-ranging consequences, the SC observed. It creates disillusionment in litigants, witnesses can turn hostile or die, and evidence can be removed. It also affects the legal system, denting faith in it and undermining its capability to "impart justice in an efficient and effective manner." This is particularly harmful in cases of corruption, which has become rampant, the court noted.
SC announces steps to correct the situation
Keeping this in consideration, it has ruled that if stay is granted in a case, it will end after six months, unless it is extended by a speaking order. Presently held-up cases will also resume after six months from the date of stay granted. A petition challenging framing of charges should be disposed of in 2-3 months, it added.
